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Theft Lawyer Murrieta, CA

Theft Lawyer Murrieta, CA. When you are charged with a crime in Murrieta, it's easy to feel overwhelmed. You might even be facing multiple theft charges at once. It might look like all hope is lost.

Even when all hope seems lost, there is an option who will fight for you: The Law Offices of David S. Chesley. Our legal team has what it takes to guard your freedom against the prosecution. With a Murrieta, CA, theft crimes lawyer from our team on your side, every legal avenue will be explored to protect your rights.

Talk to a lawyer today at (800) 755-5174 or send us a message about your case for a free, confidential consultation. Delays can cost you your freedom, and we're ready to fight for you today.


The Importance of a Theft Lawyer in Murrieta, CA

Theft crime accusations are always a big deal, regardless of whether or not you're innocent. If you don't have an attorney, you're stuck trying to decipher a intricate legal system and increase your risk of the following penalties:

  1. Jail Sentence: Murrieta, CA, theft convictions can send you to prison, for years in some cases.
  2. Financial Penalties: You can lose hundreds or thousands of dollars in addition to paying recompense to the alleged victim.
  3. Career Setbacks: Having a criminal record can negatively affect your future career goals.
  4. Damaged Character: You can face unfair and unjust labels that get in the way of your moving on with your life.
  5. And more.

A Murrieta, CA, theft crimes lawyer can protect your rights and fight against these outcomes. The Law Offices of David S. Chesley . Here's some of what sets us apart:

Top Qualities of Our Murrieta, CA Theft Defense Attorneys

Not every criminal defense firm is created equal. Here's what you get when you call us — and how it will impact your case:

  • Former Prosecutors & Judges — We know exactly how the state builds a theft case because some of our attorneys have done it themselves. We know what weaknesses to exploit.
  • Extensive Court Relationships — With over 50 years of combined courtroom experience, we have built up relationships with the Murrieta, CA prosecutors and judges, which we will use when securing plea deals.
  • Trial-Ready From Day One — We prepare every case as if it's going to trial. This not only ensures that we're prepared, but also helps us secure more favorable plea deals or get your case dismissed.
  • Expungement Services — Even after the fact, we're still here to help. Don't let an arrest or criminal record hold you back — speak with one of our Murrieta, CA, criminal defense attorneys to discuss expungement options.
  • Terrific Reputation – well-respected amongst both clients and peers.
  • Available 24/7 — We know that arrests don't happen on a schedule. If you need a theft crime attorney, you shouldn't need to wait for regular business hours. And with our team, you don't have to.
  • Entirely Confidential — Everything you tell us is protected by attorney-client privilege. Speak freely — we need the full story to build the strongest possible defense for you.

Theft Charges We Will Fight in Murrieta, CA

Use the links below to navigate directly to a full breakdown of the law, penalties, and more.

Attempted Burglary | Attempted Robbery | Bribery | Burglary (Residential) | Burglary of a Vehicle | Carjacking | Commercial Burglary | Credit Card Fraud | Elder Financial Abuse | Embezzlement | Extortion | Forgery | Fraud / False Pretenses | Grand Theft | Grand Theft Auto | Grand Theft of a Firearm | Health Care Fraud | Home Health Fraud | Home Invasion Burglary | Hospice Fraud | Identity Theft | Insurance Fraud | Joyriding | Looting | Medicare Fraud | Money Laundering | Perjury | Petty Theft | Petty Theft with a Prior | Possession of Stolen Vehicle | Receiving Stolen Property | Robbery | Shoplifting (PC 459.5) | Theft from an Elder | Trespassing | Vandalism | Vehicle Theft | Welfare Fraud | White Collar Crimes


Theft Charges We Fight in Murrieta, CA

At the Law Offices of David S. Chesley, we're experienced in defending against charges of theft. If you need a theft crimes lawyer in Murrieta, CA, don't hesitate: Reach out right away for a free consult to go over your charges.

Below are some of the main theft crime accusations we fight against in Murrieta, CA:

Petty Theft Charges vs Grand Theft Charges

While there are many different theft case types in Murrieta, CA, odds are high you're facing one of these two: Petty theft and grand theft. At a basic level, these are almost the same act: taking someone else's money or items without permission. The main difference is how much value was allegedly stolen: For values $950 and under, the classification will generally be petty theft, while any more will ordinarily be grand theft.

Defending petty theft charges is usually easier because the potential penalties are less severe (it's normally charged as a misdemeanor). On the other hand, fighting grand theft charges pose a greater obstacle, because they are frequently charged as felonies. In either case, it's always important to have a theft crimes lawyer in your corner to minimize the consequences.

Below, we've written a table to summarize the differences between petty theft and grand theft:

Alleged CrimePetty TheftGrand Theft
Stolen Property Value$950 or LessMore than $950
Charge Type?Often MisdemeanorMisdemeanor or Felony
Misdemeanor PenaltiesUp to six months in jail, and up to $1,000 in finesUp to one year in jail, and up to $1,000 in fines
Felony PenaltiesUp to three years in prison, and up to $10,000 in finesUp to three years in prison, and up to $10,000 in fines

Shoplifting — Proposition 47 / Penal Code § 459.5

Proposition 47 was passed in 2014, defining and setting penalties for shoplifting. Prior to 2014, it was actually considered a form of burglary, instead of a distinct crime. Shoplifting is defined as entering a business during normal business hours with the intent to steal merchandise valued at $950 or less.

Before Prop 47, what we now call "shoplifting" was prosecuted as burglary — a felony. Since 2014, most shoplifting charges are misdemeanors. Keep in mind, though, that you could still face felony charges in some circumstances, such as if you have certain previous convictions on your record. Whether you're up against a felony or misdemeanor charge, a local Murrieta, CA theft crimes lawyer can help you navigate the legal system and avoid making mistakes that could have major consequences.

Organized retail theft (either a crime ring or repeated instances of shoplifting) has been a target of recent California laws, and is prosecuted harshly in Murrieta, CA.

Shoplifting Possible Penalties:

  • Misdemeanor Jail: Up to 6 months
  • Fines: Up to $1,000
  • Civil Demand: Retailers may send civil demand letters
  • Other: Probation, banned from store

Potential defenses include: No intention to steal, wrong identity, entrapment by loss prevention, Fourth Amendment violations during detention, and diversion programs for first-time offenders.


Petty Theft with a Prior — California Penal Code § 666

Petty theft charges are usually misdemeanors, but not always. Because of Penal Code § 666, a petty theft with a prior can be charged as a felony. Murrieta, CA prosecutors can use this law against you to turn even a small-time theft allegation into a wobbler — meaning that you could be facing years in prison.

If you're facing petty theft with a prior allegations, the prosecution must establish: (1) the accused engaged in petty theft; and (2) the defendant has a criminal record including at least one of a set list of previous offenses (mostly including theft crimes, but also some sex crimes) — particularly where the defendant served time in jail or prison for that prior. This law is applicable in many cases today, even after being limited in scope by Proposition 47 in 2014. While most of the applicable prior convictions are theft related, they also include some sexual and violent crimes.

Potential Penalties:

  • Charge Type: Wobbler
  • Misdemeanor Jail: Up to 1 year in county jail
  • Felony Prison: 16 months, 2 years, or 3 years
  • Qualifying Priors: Previous theft, burglary, robbery, or carjacking convictions

Vehicle Theft Charges We Defend in Murrieta, CA

We will fight against all sorts of vehicle theft crimes in Murrieta, CA. One of the ones people commonly think of is grand theft auto, but that's technically not a unique charge. Grand theft auto is a smaller part of California's 'grand theft' law, which universally characterizes stealing a vehicle as 'grand theft', even if it wasn't worth more than $950.

Grand theft auto charges are usually used when the defendant allegedly didn't intend to return the vehicle. On the other hand, if they were only doing to drive it briefly and then bring it back, they're more likely to be charged with joyriding. While grand theft auto and joyriding are both 'wobbler' offenses, joyriding charges are almost always better to face in Murrieta, CA, because they're likely to be charged as misdemeanors, versus grand theft auto felonies.

You can even face criminal charges without having committed an act of theft; How so? Through "possession of a stolen vehicle". Just like receiving stolen property, you don't have to have actually stolen anything to be convicted of this crime. Simply owning or having the vehicle can get you arrested for possession of a stolen vehicle.

At the Law Offices of David S. Chesley, you'll partner with a vehicle theft crimes lawyer who knows the ins and outs of each offense type, how to fight against them, and what deals are realistic. Reach out now to start defending your rights.


Grand Theft Auto — California Penal Code § 487(d)(1)

Despite what popular culture would have you believe, there isn't a specific "grand theft auto" law in California — all automobile thefts fall under the umbrella of "grand theft" in the state. The law doesn't even specify if the vehicle needs to be working — stealing a nearly worthless broken down car would still qualify as grand theft.

The critical element prosecutors must prove is that you intended to permanently deprive the owner of the vehicle. If you intended to return it, the charge is more likely joyriding (see below).

Potential Penalties:

  • Charge Type: Wobbler (usually felony in Murrieta, CA)
  • Felony Prison Sentence: 16 months, 2 years, or 3 years
  • Misdemeanor Jail Sentence: Up to 1 year
  • Fines: Up to $10,000

Vehicle Theft — California Vehicle Code § 10851

Vehicle Code § 10851 — sometimes called "joyriding" broadly — is often charged alongside or instead of grand theft auto. This is because § 10851 applies whether or not the alleged offender was going to return the automobile. If you deprive someone of their vehicle with any intentions, this law applies.

Grand theft auto is a more serious offense, but is also harder for prosecutors to secure convictions for. Because of this, they often use § 10851 instead.


Joyriding — California Vehicle Code § 10851

Joyriding is a similar charge to grand theft auto, with one key difference: The alleged offender was going to give the car back. Despite the casual name, this is a serious criminal offense that is treated as a wobbler in California — it can be charged as either a misdemeanor or a felony.

In Murrieta, CA, joyriding is most commonly charged as a misdemeanor, making it significantly less severe than grand theft auto. That said, prior criminal history or aggravating circumstances can push it to a felony.

JoyridingGrand Theft Auto
Key DistinctionIntent to returnIntent to keep permanently
Usual ChargeMisdemeanorFelony
Misdemeanor JailUp to 1 year—
Felony Prison—16 months, 2, or 3 years

Carjacking — California Penal Code § 215

All vehicle theft crime charges are a big deal, but carjacking in particular is a major one. If you allegedly used force or threats to take someone's car directly from them, you can be charged with carjacking. Because of the violent element, carjacking is always a felony and is often ineligible for probation.

A carjacking conviction will also add a "strike" to your criminal record, which can increase future prison sentences.

Possible Penalties:

  • Prison: 3, 5, or 9 years in state prison
  • Enhancements: Additional years for weapon use or injury
  • Three Strikes: Yes — counts as a strike offense
  • Fines: Up to $10,000

Possession of a Stolen Vehicle — California Penal Code § 496d

It may be hard to believe, but you can face vehicle theft related charges without committing theft. If you have or are storing a car that you knew or should have known was stolen, you can be charged under PC § 496d — even if you had no role in the original theft.

This charge can sneak up on you, especially if you ever have purchased a vehicle outside of formal sales channels. The prosecution must prove were aware that the vehicle was stolen — your vehicle theft crimes lawyer can argue that you didn't.

Potential Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year

White Collar Crime Charges We Fight in Murrieta, CA

White collar crimes in Murrieta, CA, can be any one of a variety of charges, but they all have one thing in common: taking advantage of one's position within an organization to benefit oneself, illegally.

Several white collar crimes are non-violent, and even non-physical, forms of theft. Embezzlement is a good example of this: For this alleged crime, someone would legally be in charge of a person's or organization's money, but would take from it for personal use. Money laundering can be done by an individual or an operation, and involves attempts to disguise illegal money as money that was legally earned. Meanwhile, bribery doesn't just involve taking money, but instead consists of one person giving another money in exchange for some sort of benefit.

Not all white-collar crimes are transactional in nature, though (at least at face value). Forgery occurs when one person makes a fake document to later use for fraud, and identity theft is the taking of another person's personal information. You can face either of these charges without having taken money from the alleged victim.


Forgery, Identity Theft, Fraud & More

It's easy to think that white collar accusations aren't taken as seriously as violent crimes in Murrieta, CA, but you'd be wrong. The punishments can be dire — incarceration, financial penalties, professional license revocation, and permanent reputational damage. If you want to fight back against these consequences, you need a financial theft crimes lawyer who knows the ins and outs of California white collar crime law.


White Collar Crimes — Overview

There isn't a set list of "white collar crimes," but they do tend to have some qualities in common, particularly that they are non-violent and are related to one's workplace. These charges will include the element of deceit, breach of trust, or abuse of a professional for personal gain. It's common for white collar crime cases in Murrieta, CA, to require specialized experts on both the prosecution and defensive sides.

White collar cases are often investigated for months or even years before charges are filed. If the police have reached out to you for questioning, don't talk to them alone. An attorney is essential as soon as you find out you're under investigation. The sooner you bring in your legal defense, the better chance you have of a positive outcome.


Embezzlement — California Penal Code § 503

Embezzlement occurs when someone who has been entrusted with property fraudulently converts that property for their own use. The key element is the pre-existing legal access — embezzlers have legitimate control over the money or property they steal.

Frequent embezzlement scenarios: An accountant siphoning company funds; a bookkeeper writing unauthorized checks to themselves; a financial advisor moving client funds to personal accounts; A cashier voiding out a transaction but keeping the money; a charity collector taking cash donations while leaving other types alone.

Potential Penalties:

  • Under $950: Misdemeanor — up to 6 months jail
  • Over $950: Felony — up to 3 years prison
  • High Amounts: Enhanced sentences up to 10+ years
  • Additional: Financial recompensation, professional consequences

Money Laundering — California Penal Code § 186.10

Money laundering is the process of making illegally obtained money appear to have come from a legitimate source. It ordinarilly is made up of three steps: placement (bringing the illegally-obtained money into the economy), layering (the dirty money is moved multiple times within the financial system to make it hard to follow), and integration (making the funds appear legitimate).

California's money laundering law specifically targets financial actions of more than $5,000 when the alleged offender was aware that the money was dirty. You could also face federal money laundering charges under 18 U.S.C. § 1956, risking up to two decades of prison time.

Potential Penalties (State):

  • Prison: 16 months, 2 years, or 3 years
  • Fines: Up to $250,000 or twice the amount laundered
  • Federal Add-On: Up to 20 years federal prison

Bribery — California Penal Code § 67–68 / § 92

Bribery involves offering, giving, receiving, or soliciting something of value in order to affect the actions of a public official, juror, witness, or business partner. California law targets multiple forms of bribery — that of government officials, judges, legislators, executive officers, witnesses, and even private commercial bribery. Regardless of what position you're in, a Murrieta, CA, theft crimes lawyer is critical to advise you on how to address these charges.

Important: Both the person offering the bribe and the person accepting it can be charged in Murrieta, CA. Attempted bribery charges are even possible, if one person tries to bribe another, and the second person refuses it.

Potential Penalties:

  • Charge Type: Felony
  • Prison: 2, 3, or 4 years state prison
  • Public Officials: Permanent disqualification from office
  • Federal: Up to 15 years (if federal officials involved)

Forgery — California Penal Code § 470

Forgery involves creating, altering, or using a false document with intent to defraud. California Penal Code § 470 is broad and covers checks, receipts, contracts, deeds, wills, court orders, notary public symbols, identification documents, and many other types of written instruments.

What if I didn't steal anything with it? Whether or not you allegedly did something with the forgery is irrelevant. Just the plan to commit fraud, in addition to the creation or use of the forged document, is sufficient for a conviction.

Possible Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year

Identity Theft — California Penal Code § 530.5

In Murrieta, CA, identity theft is the unauthorized use of another person's personal identifying information — name, Social Security number, driver's license number, financial account numbers, or other data — for any unlawful purpose, such as obtaining credit, goods, services, or medical information.

Important factor: No financial loss to the victim has to occur for a conviction. Just taking and using someone else's information without permission is enough to trigger criminal charges under California statute § 530.5. Because of this, you need to hire an expert theft crimes lawyer whatever the particular of your situation.

Identity theft accusations are aggressively prosecuted in Murrieta, CA, and often involve federal charges when conducted online, across state lines, or at scale.

Possible Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Per Victim: Charges can stack — one count per victim
  • Federal: Up to 15–30 years (aggravated cases)

Fraud Charges We Fight in Murrieta, CA

Fraud is one of the most common white collar crimes in Murrieta, CA, and it has several subcategories. Broadly speaking, a person who commits theft by acting dishonestly in order to get another person to give away money voluntarily can be convicted of fraud. Theft by false pretenses is a basic type of this crime.

Insurance fraud is a popular type of fraud in Murrieta, CA, wherein someone lies on an insurance claim to increase their benefit. As an example, a person who intentionally burns down their house then tells the insurance company that it was an accident can be charged with insurance fraud.

A similar fraud charge is welfare fraud, where someone takes advantage of government assistance programs by providing false information to them. An example of this would be claiming a child as a dependent to receive financial support, when the child has in fact moved out.

Another common variation is credit card fraud. This one is a little different because instead of representing someone about themselves, for credit card fraud, normally a person is lying about the credit card they are using. Maybe it's stolen, expired, or fake, but the bottom line is that the card was not supposed to be used in this way.

Because fraud cases can vary so much from each other, having a theft crimes lawyer with experience in all these areas is essential.


Types of Fraud, False Pretenses & Financial Deception

You could face accusations of fraud in Murrieta, CA, for a wide variety of actions — it could be as little as a seemingly white lie or as major as large an organized insurance fraud ring. Your theft crimes lawyer will need to have experience not only with the state law, but also following financial trails.


Theft by False Pretenses / Fraud — California Penal Code § 532

Many "fraud" charges in Murrieta fall under California's 'theft by false pretenses' law. This is when a person tricks another person through disonest means, causing them to voluntarily transfer money or property. Theft by false pretenses is distinct because the supposed victim intentionally parts with their valuables, as opposed to robbery, where they are taken by force.

Common examples: Selling a product that doesn't exist; pretending to be a tech support assistant; pitching investments based on false information; collecting donations for a nonexistent charity.

Because the amount defrauded can vary, so does the penalty. It depends on the value of the property obtained through fraud, using the same $950 threshold as petty/grand theft.


Insurance Fraud — California Penal Code § 550

You can face insurance fraud charges for making untruthful statements in reports to your insurance agency, so that they will provide you with a benefit you are not supposed to receive. If you're facing insurance fraud charges in Murrieta, CA, it's possible that you'll go to prison for several years if convicted. An experienced theft crimes lawyer will protect your rights and consider multiple defenses to help you find the best outcome possible

Frequent forms include: Staging or exaggerating auto accidents; filing claims for injuries that didn't occur; exaggerating property damage; arson for insurance proceeds; workers' compensation fraud; health insurance billing fraud.

Possible Penalties:

  • Felony Prison Sentence: 2, 3, or 5 years
  • Fines: Up to $150,000 or twice what was defrauded
  • Restitution: Full repayment to insurer
  • Additional: Loss of professional licenses

Credit Card Fraud — California Penal Code § 484e–484j

Credit card fraud charges in Murrieta, CA, go beyond credit cards and involve the misuse of financial account access information. Charges can occur if someone is caught using someone else's card without consent, using a card that has been stolen or counterfeited, charging to an account when you don't have the card, or illegally taking or selling card account information.

Note on federal charges: You are likely to face both federal and state charges, particularly when cards are used across state lines or the internet is involved. Your theft crimes lawyer needs to have experience fighting fraud charges in both state and federal court.

Potential Penalties (State):

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year
  • Federal Prison: Up to 15 years (federal charges)

Welfare Fraud — California Welfare & Institutions Code § 10980

Charges of welfare fraud in Murrieta, CA, can range widely in their specifics, but all have one thing in common: Deceiving the government in order to receive some kind of welfare benefit. Similar to other types of fraud, this could be part of an isolated individual incident or a widespread organized crime ring.

Common examples: Failing to report income; misrepresenting household composition; using another person's EBT card; falsely claiming a dependent child; not reporting new circumstances that would end benefits eligibility.

These crimes often have special investigation teams that target alleged offenders. If convicted, you could be looking at years in prison and serious financial consequences. Your premier Murrieta, CA, theft crimes lawyer can help show issues in the prosecution's case and find you alternative paths forward.

Possible Penalties:

  • Under $950 (typically): Misdemeanor — up to 6 months jail
  • Over $950: Felony — up to 3 years prison
  • Repayment: Full restitution to the government

Additional: Loss of future benefit eligibility


Hospice Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Hospice fraud occurs when a hospice provider bills Medicare, Medi-Cal, or private insurers for services that were not rendered, were medically unnecessary, or were provided to patients who did not actually qualify for hospice care. To qualify forMedicare hospice benefits, the person being treated must have a projected lifespan of six months or less if nothing drastic changes in their health condition — it's common for the prosecution to allege that the patient's condition did not meet this criteria in these cases.

Common schemes include: enrolling patients who do not meet the terminal illness threshold; billing for higher levels of care than were actually provided; "recycling" patients by discharging and re-enrolling them to reset billing cycles; paying illegal kickbacks to nursing facilities or physicians for patient referrals; and falsifying medical records to manufacture eligibility. Murrieta, CA, and Southern California have been identified by federal investigators as high-risk regions for hospice fraud, and the Department of Justice and HHS Office of Inspector General have conducted coordinated multi-agency enforcement actions targeting hospice agencies operating in this area.

Important Note: If you've been accused of hospice fraud in criminal court, you can expect a civil suit to follow. A qui tam relator (whistleblower) can trigger a False Claims Act lawsuit resulting in treble damages and civil penalties entirely separate from any criminal indictment. These investigations can go on for extended periods of time without your knowledge, until the state is ready to file charges.

Possible Penalties:

  • Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
  • Civil FCA Liability: Treble damages plus $13,000–$27,000 per false claim
  • State Charges: Up to 5 years (CA Penal Code § 550)
  • Extra: Exclusion from Medicare/Medi-Cal programs; license revocation

Medicare Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Medicare fraud charges have particularly far-reaching consequences. Because Medicare is a federal program, these charges are almost exclusively prosecuted at the federal level — typically by the U.S. Attorney's Office with support from the FBI, HHS Office of Inspector General, and the Medicare Fraud Strike Force, which maintains an active presence in Murrieta, CA.

Medicare fraud convictions are particularly bad because they can prevent you from ever receiving Medicare or Medi-Cal benefits in the future. This is on top of other consequences, like the loss of professional licensing. Medicare fraud investigations are especially tricky to detect, because they often involve datasets rather than on-the-ground investigators. This means that the first warning sign that you're being investigated can come too late to clear things up.

Critical Note: It's possible to be accused of Medicare fraud even when all forms of medical care were honest and legitimate. This can occur if a provider offers money to someone in exchange for accessing Medicare-sponsored services through that provider. Providers and referrers are both at risk of prosecution under these circumstances.

Possible Penalties:

  • Federal Prison: Up to 10 years per count (up to 20 if serious bodily injury results)
  • Anti-Kickback Violations: Up to 10 years per violation
  • Civil FCA Liability: Treble damages plus civil monetary penalties per claim
  • Additional: Loss of eligibility for all federal health care programs

Health Care Fraud — 18 U.S.C. § 1347 / California Penal Code § 550

Health care fraud under federal law is defined as knowingly and willfully executing — or attempting to execute — a scheme to defraud any health care benefit program, or to obtain money or property from a health care benefit program by means of false or fraudulent pretenses. Critically, the statute applies to all health benefit programs, not just Medicare and Medicaid — including private commercial insurers.

You can face federal charges in some cases, but it's more common for these to be state charges. California law specifically targets situations where a person lies or embellishes insurance claims, such as filing multiple claims in situations where only one would apply. Without an expert Murrieta, CA theft lawyer, you could be stuck trying to sift through mountains of medical billing records and other specialized evidence on your own. Healthcare providers, billing organizations, office managers, and clerks have all been accused of this violation at various points in time.

Potential Penalties:

  • Federal Prison: Up to 10 years per count (18 U.S.C. § 1347)
  • If Death Results: Up to life imprisonment (federal)
  • State Felony: 2, 3, or 5 years (CA PC § 550)
  • Fines: Up to $250,000 (individual) or $500,000 (organization)
  • Additional: Restitution, professional license consequences

Home Health Fraud — 18 U.S.C. § 1347 / 42 U.S.C. § 1320a-7b

Home health fraud, at a fundamental level, it involves the same alleged act (lying in order to receive health care benefits). This one in particular is related to in-home health services — such as skilled nursing visits, physical therapy, occupational therapy, speech therapy, and medical social services. In order to be eligible for Medicare benefits, a patient must be homebound and require special care. Home health fraud exploits this framework in a variety of ways.

A patient could be accused of this if they had a less serious condition, but claimed it was more dire, in order to receive in-home assistance. Meanwhile, a provider could be charged if a health service team member performs unneeded medical services in order to drive up bills. Southern California has historically been one of the country's highest-risk regions for home health fraud, and federal task forces have conducted simultaneous multi-agency takedowns targeting dozens of home health agencies in Murrieta, CA. Owners, administrators, therapists, and referring physicians have all been prosecuted.

Important: There are special restrictions placed on doctors to prevent home health fraud. For example, the United States' Stark Law makes it illegal for a doctor to send a patient to a home health services provider that the physician financially benefits from. Outside of the criminal case, you can face fines, need to pay restitution, and be excluded from Medicare — and a Stark Law violation does not require proof of intent.

Possible Penalties:

  • Federal Prison: Up to 10 years per count
  • Anti-Kickback Violations: Up to 10 years per violation
  • Civil FCA Liability: Treble damages plus penalties per false claim
  • Administrative: Exclusion from Medicare/Medi-Cal; agency decertification

Violent Theft Charges We Defend in Murrieta, CA

Depending on the circumstances of your case, you could be facing both theft charges and violent crime charges in Murrieta, CA. One common example is robbery. Robbery occurs when one person threatens or attacks someone in order to take something from them. This is in contrast to burglary, the alleged theft occurred away from the alleged victim. Carjacking is similar to this—it involves the forceful taking of a vehicle, as opposed to grand theft auto which does not require violence or threats.

That said, sometimes what started out as a burglary can end up with violent crime charges. Home invasion charges can take place when a person allegedly breaks into a location to commit a burglary, but finds people inside and threatens them with violence.

Extortion is a unique form of theft. If someone says they will hurt another person unless the alleged victim gives them money, that is extortion. The threats don't always have to consist of physical violence, but it can consist of any form of harm to the victim, including emotional or reputational. For example, if one person had a compromising photo of another and threatened to release it if not given money, that would be extortion.


Robbery, Extortion & Force-Related Theft

If you allegedly threatened or attacked someone in the course of committing theft, your case is even more serious. Beyond the felony charges themselves, you could also be up against a strike on your record. Your Murrieta, CA theft crimes lawyer should be someone who knows how to fight violent crime charges as well — at the Law Offices of David S. Chesley, we have experience successfully defending against both.


Robbery — California Penal Code § 211

Robbery is taking property from another person directly, using force or fear. This is the key distinction from burglary — the victim must be present. Robbery is always a felony and always a strike offense.

The state of California divides robbery charges into two degrees:

  • First-Degree Robbery: This is charged when the alleged offense took place:
    1. In someone's house, vehicle, or other building,
    2. In a taxi, or
    3. While the alleged victim was using an ATM
  • Second-Degree Robbery: This is charged in any other circumstances

The penalties are usually worse for first-degree robbery.

Possible Penalties:

  • 1st Degree Prison: 3, 4, or 6 years
  • 2nd Degree Prison: 2, 3, or 5 years
  • Weapon Use: +3 to 10 years
  • Three Strikes: Yes — serious felony

Extortion (Blackmail) — California Penal Code § 518

Extortion occurs when someone threatens another person — with violence, property damage, accusation of a crime, or exposure of damaging information — in order to obtain money, property, or an official act. While extortion does always involve a threat of some kind, it doesn't need to be personal violence, like with robbery. In many cases, it is instead property damage, or to publicly humiliate someone.

Common examples: Threatening to falsely accuse someone of theft unless the property is given up; threatening to damage someone's storefront unless they pay "protection money;" threatening to deny someone a rightful certification unless special favors are given.

Potential Penalties:

  • Charge Type: Felony
  • Prison: 2, 3, or 4 years
  • Fines: Up to $10,000

Burglary Charges We Defend in Murrieta, CA

Burglary technically isn't always a theft crime, but it is closely related. California defines burglary as entering a location without permission in order to steal something or commit another crime. This is commonly a building, like a convenience store (in which case it would be commercial burglary), but not always. For example, if you allegedly smashed a car window to steal a wallet sitting on the seat, that would be considered burglary of a vehicle.

Regardless of the specifics of your burglary charges, there is always an element of trespassing involved. Because of this, defenses to burglary charges can hinge on whether or not you had permission to be in the structure, and what your intentions were while you were there.

Burglary Related Charges

Shoplifting is closely related to commercial burglary. In fact, before 2014, what you think of as shoplifting would be classified as burglary under California law. But as we discussed above a new law Proposition 47 (officially the Safe Neighborhoods and Schools Act), a ballot initiative passed by California voters on November 4, 2014 that distinguishes shoplifting as specifically attempting to steal merchandise from a business during regular business hours. The differences in charges had a major impact for several offenses and penalties. One key reform was distinguishing shoplifting as a specific misdemeanor offense and preventing it from being charged as burglary (a "wobbler" that could be a felony) in qualifying cases.

Vandalism also shares many qualities with burglary. You can be charged with vandalism in California if you purposely damage another person's property, such as by kicking in a door to burglarize someone's home. It's common to face burglary and vandalism charges together in Murrieta, CA, making it all the more important to get an experienced theft crimes lawyer to defend you.

Finally, even if you don't commit a theft, you can face related charges in Murrieta, CA. What can lead to this? Receiving stolen property charges. This applies when someone supposedly buys, hides, or receives something that they know was taken unlawfully from another person.


Burglary, Home Invasion & Related Charges

People commonly think of burglary as entering someone's house to commit theft, but that's not how Murrieta, CA law works — you can be charged with burglary for entering a wide range of structures with the intent to commit a crime inside, even if you never actually steal anything.


Residential Burglary (First Degree) — California Penal Code § 459

In California, first-degree burglary, sometimes called residential burglary, involves going to someone's dwelling place with the intent to commit a theft or any felony inside. Nothing actually needs to be stolen. The intent at the moment of entry is what matters.

This charge is always a felony and is considered a "strike" offense. This is one of the most serious theft-adjacent charges in California law, and Murrieta, CA courts are likely to give you a long sentence. Without the right theft crimes defense lawyer, you're fighting an uphill battle

Potential Penalties:

  • Prison: 2, 4, or 6 years in state prison
  • Three Strikes: Yes — serious felony strike
  • Probation: Generally not an option for first-degree
  • Fines: Up to $10,000

Commercial Burglary (Second Degree) — California Penal Code § 459

Although less serious than first-degree burglary, second-degree burglary (AKA commercial burglary) charges are still not to be taken lightly. Unlike residential burglary, commercial burglary is a wobbler and can be charged as a misdemeanor or felony.

Your theft crimes lawyer in Murrieta, CA will need to be acutely aware of the difference between shoplifting and commercial burglary — this could be key in getting your charges reduced, if possible.

Potential Penalties:

  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year
  • Charge Type: Wobbler

Burglary of a Vehicle — California Penal Code § 459

Vehicle burglary is similar to residential or commercial burglary — it also involves unlawfully entering a location, but in this case, that location is a vehicle. A typical example of this would be an alleged offender breaking into a car to steal a backpack or wallet within. This could be either a misdemeanor or a felony, depending on how the Murrieta, CA prosecutor interprets the circumstances.

Common misconception: Taking something out of an open vehicle, although it would still be stealing, would not qualify for a burglary charge. This would still likely be prosecuted as theft, but the burglary enhancement requires that the vehicle was secured in some way.


Home Invasion Burglary With Violence — California Penal Code § 459 / § 211

At the intersection of burglary and violent crimes are home invasion charges. Murrieta, CA, prosecutors take these charges extremely seriously and often push for harsh punishments. Without the help of an experienced theft crimes lawyer, you could be looking at over a decade in prison.

While it's possible to be charged with home invasion on its own, it's rare — more often, they'll be accompanied with additional theft and/or violence charges. If you are fighting home invasion charges, you need a law firm with a track record of success, and you need them as soon as possible.

Possible Penalties:

  • Burglary Base: 2, 4, or 6 years
  • Robbery Add-On: Additional 2–5 years
  • Weapon Enhancement: Additional 3–10 years
  • Three Strikes: Yes — multiple strikes possible

Property & Related Offenses

Receiving Stolen Property, Vandalism & Trespassing

While no criminal theft charges are truly 'simple,' they are made far more complex when they are compounded with related or adjacent charges. Understanding how they interact is critical to building an effective defense.


Receiving Stolen Property — California Penal Code § 496

This charge applies to some people who are indirectly involved in a theft. Under PC § 496, if you buy, receive, conceal, sell, or help conceal property that you know is stolen, you can be convicted — even if you had no role in the original theft.

Receiving stolen property charges can fall apart if you can prove you weren't aware that the item was stolen. At the Law Offices of David S. Chesley, we often argue this point in these cases. Buying items at a great deal, without knowing their full history, or from unknown sellers, does not make you guilty.

Possible Penalties:

  • Charge Type: Wobbler
  • Felony Prison: 16 months, 2 years, or 3 years
  • Misdemeanor Jail: Up to 1 year

Vandalism — California Penal Code § 594

Vandalism is the malicious defacement, damage, or destruction of another person's property. It is often charged alongside burglary when, for example, a window is broken to gain entry to a home or vehicle. It also applies to graffiti, which is one of the most commonly prosecuted forms of vandalism in Murrieta, CA.

Vandalism can either be a misdemeanor or a felony in California: For damage under $400, it's a misdemeanor, while for anything over, it's a felony.

Potential Penalties:

  • Under $400: Misdemeanor — up to 1 year jail
  • Over $400: Wobbler — up to 3 years prison
  • Restitution: Full repair/replacement cost to victim
  • Other Common Penalties: Graffiti cleanup, community service

Trespassing — California Penal Code § 602

Trespassing involves entering or remaining on another person's property without permission. Tresspassing is often charged alongside burglary, because the latter also involves entering a location without permission.

Standing alone, trespassing is typically charged as a misdemeanor or infraction. However, Murrieta, CA, prosecutors can also use it as a part of a case for more serious charges. Fighting these charges is often a matter of whether or not the alleged offender did in fact have permission or the right to be there.


Perjury — California Penal Code § 118

Intentionally providing false information to the authorities can result in a perjury charge. While this is not a theft crime per se, it's frequently charged in conjunction with them. This is because it's common for alleged offenders to be dishonest about information that could make them look guilty, not realizing that misleading the police can actually make things worse in the end.

Do not make this mistake: Anything you say during an investigation or prosecution can be used to support a perjury charge if it's later shown to be false. This is why we always advise clients to say nothing without a theft crimes attorney present.

Possible Penalties:

  • Charge Type: Felony
  • Prison: 2, 3, or 4 years state prison

Specialized & Enhanced Charges

Elder Theft, Firearm Theft, Looting & Attempted Crimes

These charges often carry enhanced penalties beyond standard theft offenses, and require attorneys with specific knowledge of the statutes involved.


Grand Theft of a Firearm — California Penal Code § 487(d)(2)

Under California Penal Code § 487(d)(2), theft of a firearm is always grand theft — regardless of the weapon's monetary value. Because of this the theft of even a low-value firearm will end up with a felony charge. Firearm theft can have long-lasting implications, beyond most other theft offenses — this is because it counts as a strike on your record.

To make things worse, you may also have to fight in federal court. The combination of state and federal exposure makes this one of the most legally complex theft charges you can face. And it's even more essential to work with an attorney who is able to protect you from even the toughest opponents.

Potential Penalties:

  • Prison: 16 months, 2 years, or 3 years
  • Strike: Serious felony — potential strike offense
  • Federal: Additional federal charges possible

Theft from an Elder / Financial Elder Abuse — Welfare & Institutions Code § 15610.30

California law provides special enhanced protections for victims aged 65 or older (and dependent adults). You can be accused of financial elder abuse (also known as theft from an elder) if you were allegedly in a position of trust for an older adult, and took advantage of their money.

The prosecution in Murrieta, CA, does not take these charges lightly and usually pursues harsh penalties. If the victim is 70 years or older, additional consecutive prison time can be added. People convicted of financial elder abuse often also have to repay the alleged victim, and Adult Protective Services involvement only makes things more complex.

Common scenarios: Lenders pressuring the elderly to take bad loans; family member exerting undue influence over an elder's finances; contractor overcharging vulnerable seniors; impostor pretends to be a law enforcement official.

Possible Penalties:

  • Base Sentence: Same as underlying theft offense
  • Enhancement (65+): +1 year consecutive if loss $65,000–$200,000
  • Enhancement (70+): Additional consecutive years for large losses
  • Civil Liability: Up to 3× damages in civil court

Looting — California Penal Code § 463

During emergencies, stealing property can be charged as looting. These cases are prosecuted especially hard under California Penal Code § 463, which increases the minimum penalties for many charges.

If the enhanced penalties weren't enough on their own, the Murrieta, CA, prosecuting attorney is likely going to go the extra mile for looting whenever possible. During declared states of emergency, prosecutors seek the harshest available penalties, and courts are generally unsympathetic. An example might be breaking into someone's home during a riot and grabbing valuables to run away with.

Potential Penalties (Enhanced):

  • Petty Theft → Looting: Misdemeanor with mandatory jail (no OR release)
  • Commercial Burglary → Looting: Felony — 16 months to 3 years
  • Residential Burglary → Looting: Felony — 2 to 6 years
  • Bail: Often denied or set very high during emergency periods

Attempted Theft, Attempted Burglary & Attempted Robbery

Under California law, you can be charged with a crime even if the theft, burglary, or robbery was never completed. For it to be considered an attempt, the prosecution needs to prove two things: (1) the desire to break the law, and (2) a direct, unequivocal act toward committing it — whatever the outcome was.

Under most circumstances, in California, if you are convicted of attempting a crime you will be given half the sentence of the underlying offense. So while residential burglary carries a prison sentence of 2, 4, or 6 years, attempted residential burglary would only carry a sentence of 1, 2, or 3 years. However, this is still a serious criminal conviction with lasting consequences.

California's Three Strikes law doesn't provide any leeway if someone attempted to commit a crime unsuccessfully — robbery attempts and burglary attempts are still strikes, whether or not they were successful. We frequently challenge attempted charges by contesting the intent element or the nature of the "direct act" alleged.


Regardless of what charge you're facing, when you contact us, you can speak with an expert theft crimes lawyer in Murrieta, CA, who will listen to your side of the story and build a defense around that. Together, we will craft a staunch defense against the allegations.

Facing Theft Allegations? These Are Your Next Steps

You need to take these accusations seriously. There could be a warrant out for your arrest, you could be facing major legal consequences, and you need to defend your reputation as well as your innocence. Without help, it can seem impossible.

But you're not alone. You have the Law Offices of David S. Chesley on your side. When you work with us, you will get a Murrieta, CA, theft crimes lawyer who will listen to your story and advocate for your rights. Here are the steps we recommend taking:

1. Obey the Arresting Officer's Instructions

While it's reasonable to feel angry about being arrested, don't resist. If you act civilly, it will make things go faster and easier. Fighting back can only lead to additional charges.

2. Remain Calm and Don't Talk

You may be questioned by the police – stay silent. In fact, don't even talk on the ride to the station. Anything you say can be used as evidence against you, and if anything you say is untruthful, you can be charged with perjury.

3. Call a Murrieta, CA, Theft Crimes Defense Attorney ASAP

In California, after you are processed for arrest, you get three phone calls. Be sure to contact a theft crimes lawyer with one of your calls. The sooner you hire an expert to help with your case, the better your chances are for a positive outcome. We are available at (800) 755-5174, 24 hours a day, 7 days a week.

4. Secure Bail for Release

Your lawyer can help argue for your release at a bail hearing. Our theft crimes defense attorneys will fight for your pre-trial release and lower bail requirements. You are innocent until proven guilty, and should enjoy your freedom while your case proceeds.

5. Coordinate With Your Attorney to Make a Personalized Defense

Finally, you work with your attorney to craft a strong defense. An expert theft crimes lawyer in Murrieta, CA, will listen to your story, negotiate for deals with the state, and fight for a dismissal whenever possible.


Powerful Defense Strategies for Theft Charges

Your case is unique — and your defense strategy needs to be tailored to the specific details, evidence, and charges. If you're up against theft allegations in Murrieta, CA, here are some of the main defensive strategies your theft crimes lawyer should consider. At the Law Offices of David S. Chesley, we have experience with all of them.

Lack of Intent / Claim of Right Defense in Theft Cases

If you've been accused of stealing, you should discuss intent as a possible defense with your theft lawyer. Your mindset is key to this defense. Unintentionally taking another person's goods does not qualify as theft, generally. Where that intent cannot be proven beyond a reasonable doubt, no theft conviction can stand regardless of the circumstances of the taking.

Claim of right is a related defense — if the accused didn't know that they were stealing a piece of property because they thought that they had permission to take it, they would lack the intent needed for a conviction. If a defendant sincerely believed the property was theirs, owed to them as payment, or that they had permission to take it, this can negate the required criminal intent. The belief does not have to be correct; it only has to be genuine. More related defenses include: mistake of fact (the accused took something that they thought was theirs); voluntary intoxication (this does not always apply, but can limit intent in some cases); and absence of permanence (the defendant intended to return the property, which may reduce or eliminate a grand theft charge even if another theft offense still applies).

Key point: You don't have to prove your intentions, but you may have to defend them against the prosecution. It's on the state to show that you did have the intent to commit theft at the time of the alleged crime. This isn't merely a backup plan. May defenses against stealing allegations will incorporate intent to some degree, especially in cases involving disagreements regarding property ownership, where one person honestly believed they had a right to use property when they didn't.

Using This Defense:

  • Grand Theft: Charges may not apply if there was no intention to keep the allegedly stolen item
  • Embezzlement: Challenges the fraudulent conversion element
  • Fraud / False Pretenses: Attacks the knowing misrepresentation element
  • Receiving Stolen Property: Challenges knowledge that property was stolen

Illegal Search & Seizure in Theft/Burglary Cases

If police searched your car, home, or person without a valid warrant or legal justification, you may have been the victim of an illegal search and/or seizure. In many criminal cases, critical evidence — stolen property, alleged tools of the crime, communications, financial records — is frequently obtained through police searches. If the investigators broke the law, the evidence can be thrown out and the prosecution may not be able to move forward with your case.

Here are some of the reasons that evidence is thrown out in theft cases: warrantless searches of vehicles, homes, or persons without valid legal justification; searches conducted under a warrant obtained through false or misleading information in the supporting affidavit; arrests without probable cause leading to an invalid search incident to arrest; GPS tracking or digital surveillance conducted without appropriate legal authority; and searches that go beyond the scope of a legally obtained warrant. In Murrieta, CA, your defense attorney can file a motion to throw out any evidence the prosecution acquired through improper means — suppression of unlawfully abstained evidence motions can destroy the prosecution's argument, leading to dropped or dismissed charges.

When evidence is suppressed under the exclusionary rule, prosecutors often cannot proceed with charges at all. Even partial suppression — in cases where a subset of the evidence against the defendant is suppressed — can substantially change the outcome. Suppression motions are fully litigated in Murrieta, CA, courts, and are a standard component of aggressive defense in all property crime cases.

Suppression Scenarios:

  • Warrantless Home Entry: Evidence obtained from inside a home is generally suppressible absent an exception
  • Vehicle Searches: Require a warrant, permission, or a recognized exception such as probable cause
  • Digital Evidence / Cell Phones: Require a warrant under Riley v. California (2014)
  • Fruit of the Poisonous Tree: Evidence derived from an illegal search may also be excluded

False Accusation / Misidentification

Whether because of malice or a simple mistake, sometimes innocent people get accused of theft in Murrieta, CA. False accusations can come from personal disputes, misidentification by witnesses, misunderstandings about ownership, errors in surveillance footage interpretation, or deliberate fabrication by a party with a motive to harm the accused. Even if you're innocent, you're still at risk of going to prison for something you didn't do — aggressive and immediate defense is essential from the moment of accusation.

False accusations in Murrieta, CA, often aren't the result of malice, but of a witness making an error. In theft, robbery, and burglary cases, witnesses under stress frequently misidentify suspects — especially across racial lines, if they didn't have a clear sightline, or when things moved too fast. No matter how confident the eyewitness is, there is always room for error. California courts have increasingly recognized this science, and jury instructions now require courts to instruct juries on the inherent limitations of eyewitness identification evidence.

Defense strategies in false accusation cases include: establishing an alibi with corroborating witnesses, records, or surveillance footage; showing issues with how eyewitness identifications were obtained; attacking the character of alleged victim; presenting expert testimony on the science of human memory and eyewitness reliability; and highlighting inconsistencies between witness statements made at different points in time.

If you are facing false allegations: Stay away from witnesses, do not try to collect evidence yourself, and do not attempt to explain your innocence to police without your theft crimes lawyer present. It's easy to say something that seems innocuous but accidentally makes yourself look guilty. Contact defense counsel immediately and say nothing.

Lack of Knowledge — For receiving stolen property and possession of a stolen vehicle, the state must prove you were aware that the property was stolen. We will challenge whether or not you had this knowledge — it's common for people to make purchases without being aware of how the seller got the item.

Consent / Permission — Consent regarding your use of the property is a strong defense in Murrieta, CA, theft cases. It's not illegal to use someone else's property if you had permission.

Constitutional Violations — From Miranda rights violations to due process claims, we examine your case for every constitutional protection that may have been violated — and use those violations to suppress evidence, challenge the prosecution's case, or secure a dismissal.

Diversion Programs — Especially for offenders without a record, California offers sentencing alternatives that can keep you out of prison by participating. This is often a favorable outcome for our clients that we will fight to secure.

Arguing the Property Valuation — If you're up against grand theft charges, but the supposedly stolen property didn't reach the $950 value threshold, we will fight to have the charges reduced. You shouldn't face charges that are disproportionate to the alleged act.


Theft Crime Expungement / Record Clearance — California Penal Code § 1203.4

Whatever your past is, you have a future. And we want to help you make the most of it. Under California Penal Code § 1203.4, as long as you've finished probation, you can ask for a guilty or no contest plea to be removed — a process commonly called an expungement. Before you can do so, you will likely have to have fit the following critera: successfully completed all terms of probation, including fines and restitution; not have any pending criminal charges against you; and — following recent changes in the law — in several cases, must not have been incarcerated in state prison (though there are some alternate options/exceptions — ask your theft lawyer if any apply in your case).

If you were not given probation, there are still options for you — Penal Code § 1203.4a provides another form of conviction relief. For those whose cases were dismissed without conviction, a separate petition under Penal Code § 851.91 may be available to seal the underlying arrest record entirely.

Expungement under § 1203.4 carries meaningful practical benefits: In particular, you won't have to note any convictions on private job applications. However, there are still some restrictions in the expungement process — it does not restore firearm rights, doesn't prevent the conviction from impacting future cases, and does not affect most professional licensing decisions. Senate Bill 731 (effective July 1, 2023) even automates part of the expungement process in some cases, if there haven't been any subsequent criminal cases.

Critical Note: Expungement under § 1203.4 does not seal the record from law enforcement, licensing boards, or subsequent criminal proceedings. If your goal is the total removal of the record, to be able to legally own a gun again, or clearing a prior strike, a more comprehensive post-conviction strategy is required. When you work with an expert theft crimes lawyer, you'll be able to explore other options for protecting yourself.

Relief Options:

  • PC § 1203.4: Charges dismissed after successful probation completion
  • PC § 1203.4a: Relief for misdemeanors without probation (1 year post-conviction)
  • PC § 851.91: Seal records of arrests which did not end in a conviction
  • SB 731 (2023): Automatic relief for qualifying non-violent felony convictions
  • Limitations: Still restricted from owning guns, and the police can still review these records

  • Murrieta, CA, Theft Crimes Frequently Asked Questions

    What's the difference between petty theft and grand theft in Murrieta, California?

    How much was allegedly stolen determines the specific theft charge. Petty theft misdemeanors are typical for anything $950 and below. Anything over $950, guns, or vehicles all result in grand theft charges, which can either be a misdemeanor or a felony. Your theft crimes lawyer from the Law Offices of David S. Chesley is prepared to defend you against either theft charge.

    Does California allow me to expunge my record from a theft crime?

    Often, yes. For probation sentences, expungement is often offered conditionally upon your completion. This will protect your record, prevent most of the public from being able to access it, and help you get a clean start. The Law Offices of David S. Chesley is prepared to help you expunge your record, whatever the circumstances of your conviction.

    What happens if I'm charged with shoplifting for the first time in Murrieta, CA?

    First-time shoplifting charges in California are typically misdemeanors under Proposition 47 (for amounts under $950). Many first-time offenders are eligible for diversion programs that can result in a dismissal upon completing community service or a theft prevention course. Our theft crimes attorneys can make a major difference and help you with avoiding a conviction and keeping your record clean.

    I didn't know the property was stolen. Can I still be convicted?

    If the charge you are facing is one of receiving stolen property, as a part of securing a conviction the prosecution needs to prove that you knew (or should have known) that the property was stolen. If you genuinely weren't aware and didn't have a reason to suspect it, that can form the basis of your defense. Our attorneys challenge the "knowledge" element aggressively in these cases. Keep in mind, though, that circumstances like an unusually low price or lack of receipts can lessen the strength of your defense, making it imperative that you hire a skillful theft crimes lawyer.

    How serious is a grand theft auto charge in Murrieta, CA?

    Extremely. You're probably looking at felony charges, with higher prison time, fines, and long-lasting record impacts. If you have any prior convictions, you could be up against increased sentences. Call one of our attorneys immediately if you're facing this charge.

    What is a "wobbler" offense in California?

    A wobbler is an offense that can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor's discretion. Several theft-related offenses — including grand theft, commercial burglary, receiving stolen property, and forgery — are wobblers. One of the most important things a theft crimes attorney can do is push for misdemeanor treatment of wobbler charges, which dramatically reduces potential consequences.

    Will I go to jail for a theft charge?

    You can avoid jail in many cases, actually. Many theft cases — especially misdemeanors and first offenses — can be resolved without jail time through diversion programs, probation, community service, or fines. Even felony charges often have options short of state prison. Your lawyer can make a major difference in this regard, and working with an experienced one is essential. Contact us to understand what options are available to you.

    Can I be charged with burglary if I didn't steal anything?

    Yes. In California, the actions you take after unlawfully entering a location don't determine a burglary charge. Instead, the state defines burglary as going into a building in order to steal something or break a felony law. Whether you stole something or not doesn't matter — the prosecution's goal is to show that you trespassed and had that event. This is why intent evidence — and challenging how it's proven — is critical to burglary defense.


    Fighting Theft Allegations in Murrieta, CA? Contact Our Team to Defend Your Freedom.

    There is no such thing as a minor theft accusation. The Law Offices of David S. Chesley is prepared to defend you — 24 hours a day, 7 days a week. Your first consultation is completely free and confidential.

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  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
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  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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